Hyperlawhypertext legal databasebeta Oliver v. Superior Court 193 Cal. 61

← Cases

Oliver v. Superior Court

193 Cal. 61 Court Cal. Decision date 1924-01-25 Docket S. F. No. 10974 English

Contents

Majority

p. 61
[S. F. No. 10974.
In Bank.
January 25, 1924.]
A. J. OLIVER, Petitioner, v. THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO, et al., Respondents.

Headnote

[1] Appeal — Transfers — Error on Face of Opinion. — Under the rule stated in Burlce v. Maze, 10 Cal. App. 206 , the supreme court does not grant a transfer unless an error appears upon the face of the opinion.
[2] Id.—Written Opinions—Constitution.—The provision of the constitution requiring the decisions of the supreme court and of the district courts of appeal to be given in writing and the grounds of the decisions stated, applies to ‘mandamus proceedings.
APPLICATION for a Writ of Mandate to require correction of a judgment nunc- pro turne as to names of defendants.
Transferred to District Court of Appeal.
The facts are stated in the opinion of the court.
McKannay & Hunt for Petitioner.
David K. Watkins and Leon A. Blum for Respondents.

This is an application for a writ of mandamus directed to the respondents. An alternative writ was issued by the district court of appeal of the first appellate district, division one, and a peremptory writ denied after hearing, without any written opinion.

[1] Under the rule stated in Burke v. Maze, 10 Cal. App. 206 [ 101 Pac. 438 ], we do not grant a transfer unless an error appears upon the face of the opinion. The constitution provides, article VI, section 24, that “In the deter

p. 62
mination of causes all decisions of the supreme court and of the district courts of appeal shall be given in writing and the grounds of the decision shall be stated. ’ ’

[2] This provision applies to mandamus proceedings. (People v. District Court of Appeal, ante, p. 19 [ 222 Pac. 353 ].)

The matter is hereby transferred to this court and, in view of the fact that the matter has been considered by the district court of appeal of the first appellate district, division one, the matter is ordered transferred to the district court of appeal of the first appellate district, division one.

Cases cited